Education Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Education Bill

Education Bill
Schedule 11 — Further education institutions: amendments
87

      (2)
In subsection (4A), after “exercised” insert “by a further education
corporation in Wales”.
      (3)
In subsection (4AA), after “exercised” insert “by a further education
corporation in Wales”.
      (4)
In subsection (4AB), for “appropriate authority consents” substitute “Welsh
5
Ministers consent”.
      (5)
Omit subsection (4AC).
      (6)
In subsection (4B)—
(a)
after “exercised” insert “by a further education corporation in
Wales”;
10
(b)
omit “the Chief Executive of Skills Funding or”.
      (7)
In subsection (4C), omit “the Chief Executive or” and “(as the case may be)”.
      (8)
In subsection (5)—
(a)
after “exercised” insert “by a further education corporation in
Wales”;
15
(b)
for “appropriate body” substitute “Welsh Ministers”.
3
Section 19A (duty in relation to promotion of well-being of local area) is
repealed.
4
In section 27 (dissolution of further education corporations), omit subsection
(7A).
20
5
In section 29 (government and conduct of designated institutions), omit
subsection (7A)(a).
6
In section 31 (designated institutions conducted by companies), omit
subsection (2A)(a).
7     (1)
Section 33C (establishment of new bodies corporate as sixth form college
25
corporations) is amended as follows.
      (2)
In subsection (2), for “the responsible local authority” substitute “a person or
body (“the proposer”)”.
      (3)
In subsection (3)(a), for “authority have” substitute “proposer has”.
      (4)
In subsection (3)(c)—
30
(a)
for “authority have” substitute “proposer has”;
(b)
for “them” substitute “the proposer”.
8
In section 33F (supplementary powers of a sixth form college corporation)—
(a)
omit subsection (7);
(b)
in subsection (10), omit “or section 33G”.
35
9
Section 33G (restrictions on exercise of supplementary powers of sixth form
college corporations) is repealed.
10
Section 33H (duty in relation to promotion of well-being of local area) is
repealed.
11
In section 33K (instrument and articles of new sixth form college
40
corporation)—
(a)
in subsection (1), for “YPLA” substitute “Secretary of State by order”;

Education Bill
Schedule 11 — Further education institutions: amendments
88

(b)
in subsection (2), for “YPLA” substitute “Secretary of State”.
12    (1)
Section 33L (changes to instruments and articles) is amended as follows.
      (2)
In subsection (1)—
(a)
for “YPLA” substitute “Secretary of State”;
(b)
in paragraphs (a) and (b), for “it” substitute “the Secretary of State”.
5
      (3)
In subsection (2)—
(a)
for “YPLA” substitute “Secretary of State”;
(b)
for “it has consulted the corporation” substitute “—
(a)
the Secretary of State has consulted the corporation,
and
10
(b)
in the case of a corporation to which section 33J
applies, the trustees of the relevant sixth form college
have given their consent.”
      (4)
In subsections (3), (5) and (6), for “YPLA” substitute “Secretary of State”.
      (5)
In subsection (4)(b), for the words from “the YPLA” to the end substitute “—
15
(i)
the Secretary of State has consulted each sixth form
college corporation to which the order relates, and
(ii)
in the case of a sixth form college corporation to
which section 33J applies, the trustees of the relevant
sixth form college have given their consent.”
20
      (6)
In subsection (7), for the words from “the YPLA” to the end substitute “the
Secretary of State must—
(a)
consult the sixth form college corporation or (as the case may
be) each sixth form college corporation to which the direction
applies, and
25
(b)
in the case of a sixth form college corporation to which
section 33J applies, obtain the consent of the trustees of the
relevant sixth form college.”
13    (1)
Section 33N (dissolution of sixth form college corporations) is amended as
follows.
30
      (2)
For subsection (2) substitute—
“(2)
An order under subsection (1) may be made only if a proposal
relating to the order has been made by the Secretary of State or the
sixth form college corporation, and—
(a)
in the case of a proposal made by the Secretary of State, the
35
requirements of subsection (3) have been met in relation to it;
(b)
in the case of a proposal made by the corporation, it appears
to the Secretary of State that those requirements have been
met in relation to it.”
      (3)
In subsection (3)—
40
(a)
in paragraph (a), for “authority have” substitute “person or body
making the proposal (“the proposer”) has”;
(b)
in paragraph (c)—
(i)
for “authority have” substitute “proposer has”;
(ii)
for “them” substitute “the proposer”.
45

Education Bill
Schedule 11 — Further education institutions: amendments
89

      (4)
In subsection (6), for “the responsible local authority” substitute “a local
authority”.
      (5)
In subsection (9), for the words after “consult” substitute “the corporation,
unless the proposal relating to the order was made by the corporation”.
14
In section 38 (payments in respect of loan liabilities), in subsection (2), for
5
“YPLA” in both places substitute “Secretary of State”.
15    (1)
Section 49A (guidance about consultation with students and employers) is
amended as follows.
      (2)
In subsection (1)—
(a)
after “further education sector” insert “in Wales”;
10
(b)
for “appropriate authority” substitute “Welsh Ministers”.
      (3)
Omit subsection (3).
16    (1)
Section 56A (intervention by Chief Executive of Skills Funding) is amended
as follows.
      (2)
In subsection (1), for “56AA to 56D” substitute “56B and 56C”.
15
      (3)
In subsection (9), for the words from “direct” to “dismiss” substitute “give a
direction to a governing body under subsection (6)(c) which relates to the
dismissal of”.
      (4)
Omit subsection (10).
17
Section 56AA (appointment by Chief Executive of Skills Funding of
20
members of governing body of further education institution) is repealed.
18
Section 56D (notification by local authority or YPLA of possible grounds for
intervention) is repealed.
19    (1)
Section 56E (intervention by local authority) is amended as follows.
      (2)
In subsection (1), for “responsible local authority are” substitute “Secretary
25
of State is”.
      (3)
In subsection (3), for “authority” substitute “Secretary of State”.
      (4)
For subsection (4) substitute—
“(4)
In the case of a sixth form college which is specified, or falls within a
class specified, in an order under section 33J(2), before doing one or
30
more of those things, the Secretary of State must give the trustees of
the sixth form college a notice stating—
(a)
the matter or matters listed in subsection (2) as to which the
Secretary of State is satisfied;
(b)
the reasons why the Secretary of State is so satisfied;
35
(c)
the thing or things that the Secretary of State proposes to do;
(d)
the reasons why the Secretary of State proposes to do that
thing or those things.”
      (5)
In subsection (5)—
(a)
for “authority do” substitute “Secretary of State does”;
40
(b)
for “authority must” substitute “Secretary of State must”;
(c)
in paragraph (a), for “authority are” substitute “Secretary of State is”;

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Schedule 11 — Further education institutions: amendments
90

(d)
in paragraph (b), for “authority have” substitute “Secretary of State
has”.
      (6)
In subsection (6)—
(a)
for “The authority” substitute “The Secretary of State”;
(b)
in paragraph (c), for “authority think” substitute “Secretary of State
5
thinks”.
      (7)
For subsection (9) substitute—
“(9)
The Secretary of State may not give a direction to a governing body
under subsection (6)(c) which relates to the dismissal of a member of
staff.”
10
      (8)
Omit subsection (10).
      (9)
In the heading, for “local authorities” substitute “Secretary of State”.
20
Section 56F (appointment by local authorities of members of sixth form
college governing body) is repealed.
21
Section 56G (intervention policy: sixth form colleges) is repealed.
15
22
Section 56H (intervention by YPLA) is repealed.
23
Section 56I (appointment by YPLA of members of sixth form college
governing body) is repealed.
24
Section 56J (notification by Chief Executive of Skills Funding of possible
grounds for intervention) is repealed.
20
25
In section 82 (joint exercise of functions), in subsection (3)(a), omit “the
YPLA,”.
26
In section 83 (efficiency studies), in the table in subsection (1B), for “YPLA”
substitute “Secretary of State”.
27
In section 89(2) (orders and regulations not required to be made by statutory
25
instrument), after “33A(5)(b),” insert “33J(2), 33K(1), 33L(3),”.
28    (1)
Section 90 (interpretation) is amended as follows.
      (2)
In subsection (1), omit the definitions of “the responsible local authority”
and “the YPLA”.
      (3)
Omit subsection (2ZA).
30
29
In section 92 (index), omit the entries for “responsible local authority” and
“the YPLA”.
30
In Schedule 4 (instruments and articles of government for further education
corporations), omit paragraphs 1A(a) and 1B.
Other amendments
35
31    (1)
ASCLA 2009 is amended as follows.
      (2)
In section 256 (further education corporations in England: co-operation and
promotion of well-being), omit subsection (3).

Education Bill
Schedule 12 — 16 to 19 Academies and alternative provision Academies: consequential amendments
91

      (3)
In Schedule 6 (dissolution of the Learning and Skills Council for England:
minor and consequential amendments), omit paragraphs 3(2), 4(a), 5(a), 7(7),
8, 11 and 12(a).
      (4)
In Schedule 8 (sixth form college sector), omit paragraph 11(3).
Schedule 12
5
Section 52

16 to 19 Academies and alternative provision Academies: consequential
amendments
AA 2010
1
AA 2010 is amended as follows.
2
In section 4(3) (Academy orders: when maintained school is “converted
10
into” Academy) for “a school” substitute “an educational institution”.
3     (1)
Section 6 (effect of Academy order) is amended as follows.
      (2)
In subsection (2), for “a school” substitute “an educational institution”.
      (3)
In subsection (3) —
(a)
after “selective school” insert “and is to be converted into an
15
Academy school”;
(b)
for “section 1(6)(c)” substitute “section 1A(1)(c)”;
(c)
for “a school” substitute “an educational institution”.
      (4)
In subsection (5)—
(a)
at the beginning insert “If the Academy is an Academy school,”;
20
(b)
for “the Academy” substitute “it”.
      (5)
In subsection (7), after “the school” insert “(a)” and at the end insert “, and
(b)
is to be converted into an Academy school.”
4     (1)
Schedule 1 (Academies: land) is amended as follows.
      (2)
In paragraph 6 (former Academies: transfer scheme for land acquired from
25
local authority)—
(a)
in sub-paragraph (2), for “school” (in both places) substitute
“educational institution”;
(b)
in sub-paragraph (3), for “school” substitute “educational
institution”;
30
(c)
in sub-paragraph (5), for “the school” substitute “the educational
institution” and for “a school” substitute “an educational
institution”.
      (3)
In paragraph 7 (former Academies: transfer directions)—
(a)
in sub-paragraph (3), for “school” (in both places) substitute
35
“educational institution”;
(b)
in sub-paragraph (4), for “school” substitute “educational
institution”;

Education Bill
Schedule 12 — 16 to 19 Academies and alternative provision Academies: consequential amendments
92

(c)
in sub-paragraph (5), for “the school” substitute “the educational
institution” and for “a school” substitute “an educational
institution”.
      (4)
In paragraph 12(1) (interpretation)—
(a)
for “a school” substitute “an educational institution”;
5
(b)
for “the school” substitute “the educational institution”.
Other Acts
5     (1)
EA 1996 is amended as follows.
      (2)
In section 4 (schools: general)—
(a)
in subsection (1), for “subsection (1A)” substitute “subsections (1A)
10
and (1B)”;
(b)
after subsection (1A) insert—
“(1B)
A 16 to 19 Academy is not a school.”
      (3)
In section 579(1) (general interpretation)—
(a)
in the definition of “Academy”, for “a school” substitute “an
15
educational institution”;
(b)
after the definition of “Academy order” insert—
““Academy school”, “16 to 19 Academy” and
“alternative provision Academy” have the meanings
given by sections 1A, 1B and 1C respectively of that
20
Act;”.
      (4)
In section 580 (index), at the appropriate places insert the following entries—

“Academy school
Section 579(1)”

“alternative provision
Section 579(1)”

Academy

25

“16 to 19 Academy
Section 579(1)”.

      (5)
In paragraph 15(2) of Schedule 1 (management committees of pupil referral
units), after paragraph (g) insert—
“(ga)
about the effect of closure of a pupil referral unit on
members of the management committee for the unit or
30
members of any sub-committee;”.